Civil liability regime for damages arising from antitrust violations regarding restrictive practices: private enforcement of competition law

Abstract

This paper shows the applicable regime for claiming compensation for damages derived from restrictive practices affecting consumers and other competitors, concluding that a tort liability regime should be applied. Although there is no special regime for this type of indemnity, certain important elements must be considered, such as the prejudicial nature of the declaration of restrictive practices by the Superintendence of Control of Market Power, the prevalence of pecuniary damages and the possibility of establishing a subjective liability regime with presumption of guilt. These considerations —when resolving a claim for damages— may represent a significant advance in the way in which liability for anticompetitive conduct is addressed, by offering the affected parties a new way to seek justice and redress.